Atwater Municipal Code Ch. 5.16 Card Rooms

It is unlawful for any person to engage in the business of operating a card room in this City, whether for himself or as agent or employee of some other person, without having procured from the chief of police a permit for such purposes. The chief of police is designated as agent of the Council for the purpose of issuing permits as provided in this chapter.

(Prior Code § 4-1.201)

Before any permit is issued, application must be made to the chief of police in which the applicant shall furnish the chief of police with his name and permanent address, together with full and complete information regarding the location of the proposed card room. The applicant shall also furnish the chief of police with a complete description of the proposed card room including the number of tables, the types of games to be played, the number of players allowed at any given table, the fees or other charges to be charged players and any other information required by the chief of police.

(Prior Code § 4-1.202)

The permit may be denied or revoked on any of the following grounds:

A. The applicant has been convicted of a crime involving gambling, dishonesty, or moral turpitude.

B. The applicant has falsified or failed to fully complete the permit application.

If a criminal indictment, complaint or information involving any crime mentioned above is pending against the applicant, action on the application may be withheld pending final determination of such proceeding.

(Ord. CS 487, 1981)

At the time of the filing of the application, applicant shall furnish the chief of police with the following information concerning himself and any employees of the card room: (1) complete physical descriptions which shall include age, weight, height, and color of hair and eyes; and (2) if prior to making the application the applicant or any of his employees have been arrested, a complete record of such arrest, the time and place and offense for which arrested and the record of penalties imposed for such offense. The applicant and his employees shall also be required to be photographed and fingerprinted if such is required by the chief of police.

(Prior Code § 4-1.203)

As soon as the information required by Sections 5.16.020 and 5.16.030 is verified, the chief of police may approve a permit for which he shall collect a fee for each permit issued under this chapter of $15.00 for each calendar year. Such permit shall be renewable yearly and the permittee shall pay the sum of $15.00 per year to the chief of police.

(Prior Code § 4-1.204)

No permit issued under this chapter shall be transferable and shall be used only by the person to whom it has been issued and only on the premises for which issued. The permit shall also be signed by the permittee in ink.

(Prior Code § 4-1.205)

Every person issued a permit under this chapter shall keep the permit on the premises for which issued at all times and shall upon demand of any peace officer exhibit the permit. The permittee shall also upon request of any peace officer at any time allow the inspection of the premises for which the permit is issued.

(Prior Code § 4-1.206)

Upon any change in items of information required by Section 5.16.020 or 5.16.030, the information required upon application for a permit by those sections shall be furnished to the chief of police within 48 hours after such change.

(Prior Code § 4-1.207)

The operator of any card room operating in this City at the time of the passage by the Council of this chapter shall comply with the terms of this chapter within 15 days after notification by the chief of police. No card room may be granted the special closing privileges provided by Section 5.16.120 until the operator has complied with this chapter.

(Prior Code § 4-1.208)

Nothing in the terms of this chapter shall be construed as authority for any permittee to engage in any unlawful business or acts. The chief of police is authorized to suspend temporarily the permit of any person licensed in this chapter whenever it appears to him that the permittee has engaged in any unlawful business or acts whether under this chapter, or otherwise. Upon such suspension, the chief of police shall within five days file with the Council written charges against the permittee. Thereafter the Council shall set the matter for hearing and mail a written notice of such hearing to the permittee at his last known address at least five days prior to date of hearing. The Council shall have the power by resolution to revoke the temporary suspension, to suspend the permit for any such further period as it may deem proper, or to finally revoke or annul such permit, as the facts may warrant.

(Prior Code § 4-1.209)

Any person aggrieved by the failure of the chief of police to issue a permit under this chapter may within 15 days after having received written notice from the chief of police, file a request for review in writing with the Council.

Thereafter the Council shall set such matter for hearing and mail a written notice of such hearing to the applicant at the address set forth in his request for review at least five days prior to the hearing. The Council shall have the power, by resolution, to order the chief of police to issue the permit, to order the chief of police to present to the Council additional information concerning the applicant and his employees and set further hearings with regard to the application or to sustain the actions of the chief of police in denying the permit.

(Prior Code § 4-1.210)

The permit and fees provided for in this chapter shall be in addition to any other licenses or fees required by this Code or otherwise for any other business conducted upon the premises used by the card room.

(Prior Code § 4-1.211)

In spite of the provision of Section 9.12.070, card rooms may remain open during the hours from 2:00 a.m. of one day to 6:00 a.m. of the same day subject to the following conditions:

A. At the time an application for permit under the provisions of this chapter is filed or thereafter the applicant shall request that his card room be deemed to qualify for permission to remain open during the hours prohibited by Section 9.12.070.

B. The police chief, after investigation, and after determining that the premises of the card room are in compliance with all other existing City ordinances and the Government Code may endorse the permit as follows: "Eligible to remain open from 2 o'clock A.M. to 6 o'clock A.M."

C. Whenever a permit has been endorsed to permit a card room to remain open from 2:00 a.m. to 6:00 a.m. the endorsement may be suspended or revoked by the chief of police for violation of any other existing City ordinance and any other law.

D. Upon the failure of the chief of police to endorse a permit under the provisions of this section, the permittee may request a review by the Council in the manner set forth in Section 5.16.100. Upon the suspension of the endorsement under the provisions of subsection C of this section, the chief of police will comply with the provision of Section 5.16.090, and the permittee may request a review by Council in the manner set forth in that section.

E. No change of hours as provided for in this section shall be allowed unless the applicant also obtains a use permit allowing such change after a noticed public hearing as provided for by law.

(Prior Code § 4-1.301; Ord. CS 540, 1983)